Question from a young colleague about being substituted out as attorney of record.

You should attempt to document everything: time spent on the matter, advances on behalf of the client, expenses of your office (copies, courier, postage, etc...). Write the new counsel a letter and document what you have invested in this case and ask that you be reimbursed from the settlement/judgment that may be received. In my state, a standard fee agreement would allow you to be compensated for the value and time you have invested in the case on a quantum meruit basis. However, you are somewhat at the mercy of the new counsel. Be friendly yet firm and present your package to him or her. Good luck. Further questions - send me an e-mail.

You need to file a lawsuit within 2 years of the accident. Go to an attorney today if possible and have them assist you in filing complaint. If you want to be your own attorney, you can just have the attorney draft the complaint and have it filed on time. Keep in mind, it takes at least one year for the case to come to trial, so you should be able to evaluate the case and try to get it settled. If your injuries are serious, you may just want to have the attorney handle the case.

As I am licensed in Florida and Vermont, as you know, I cannot give you advice on California law. However, generally, in a circumstance like this you need to take steps to protect your interest. Assuming there is no good cause for your dismissal, you should be entitled to compensation on a quantum meruit basis. You should document all of your time and the expenses you have incurred in representing the client up until the point that you were dismissed. You should calculate the fees you are owed on a quantum meruit basis and add that amount to the costs you incurred on behalf of the client.

You should send a notice of lien letter, documenting the amount of your lien and how it was calculated, to the insurance carrier of the defendant in the case and demand that your name be placed on any settlement check issued for your ex client, so that your lien interest can be protected. Advise them that if they fail to do this, you will hold them responsible for your lien. You should also send a letter to the new attorney with a copy to your former client. I would recommend that you send all 3 of these letters by certified return receipt mail. If and when your former client's case is ever filed in court, I would recommend that you file a "Notice of Lien" in the case, copying defense counsel as well as plaintiff's counsel.